AS v Minister of Employment and Social Development

AS v Minister of Employment and Social Development

The Tribunal accepted the treating medical evidence and claimant's testimony establishing permanent left arm non-functionality, ongoing back pain and cardiac limitations that together rendered the claimant incapable regularly of pursuing any substantially gainful occupation and that the impairment was prolonged;...

Source-derived case information.

Citation
2021 SST 43
Parties
Appellant (claimant): A. S.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 January 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Decision
Outcome
Appeal allowed
Legal Topics
Canada Pension Plan Disability, Severe and Prolonged Disability, Minimum Qualifying Period (mqp)
Source Language
english
Social Security Pension Law Administrative Law Canada Pension Plan Disability Severe and Prolonged Disability Minimum Qualifying Period (mqp)

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Parties

A. S.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant was incapable regularly of pursuing any substantially gainful occupation by November 27, 2020.
  2. 2 Whether the claimant's disability was prolonged (likely long continued and of indefinite duration) by November 27, 2020.

Ratio Decidendi

The Tribunal accepted the treating medical evidence and claimant's testimony establishing permanent left arm non-functionality, ongoing back pain and cardiac limitations that together rendered the claimant incapable regularly of pursuing any substantially gainful occupation and that the impairment was prolonged; therefore the appeal was allowed and CPP disability pension awarded effective August 2019.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to Canada Pension Plan disability pension effective August 2019 (payments commence four months after the deemed date of disability).